Top Questions About Motorcycle Accident Cases in Illinois

 Posted on April 13, 2022 in Motorcycle Accidents

Finally, spring has arrived to the Chicago area. For many people, spring marks the beginning of motorcycle season. Anyone who has ridden on a motorcycle can understand the appeal of zipping through the streets on a bike. Unfortunately, riding a motorcycle is much more dangerous than traveling in a closed vehicle. Motorcyclists are harder to see, and riders are not protected by the vehicle in the event of a crash. Over 5,000 people lost their lives in motorcycle accidents in 2019. Individuals on a motorcycle are 29 times more likely than individuals in a passenger car to die in a collision.

If you were injured or a loved one was killed in a motorcycle crash, you may be able to take legal action and pursue damages. Read on to learn some of the top questions about motorcycle accident claims in Illinois.

Are Motorcyclists Presumed to Be at Fault for a Collision?

Unfortunately, unfounded negative stereotypes about motorcyclists can sometimes color people’s perspectives about fault for a crash. Some people think that motorcyclists are more likely to speed and drive recklessly. They may assume that if a motorcycle and passenger vehicle are involved in a collision, that the motorcyclist is at fault.

However, crash statistics and studies do not support this presumption. In fact, one study found that two-thirds of motorcycle crashes involving a passenger vehicle occurred because the vehicle violated the motorcyclist’s right of way. Fault for a motorcycle crash is often hard to determine. Accident reconstruction experts are often needed to fully evaluate the circumstances of the crash and explain what happened.

Can a Motorcyclist Bring a Claim Even if He or She Was Not Wearing a Helmet?

In Illinois, wearing a helmet while riding a motorcycle is not mandatory. Riders are encouraged to wear a helmet because they reduce the risk of brain injuries and other injuries, however, it is optional. This means that it is possible to file a successful injury claim and recover damages even if you were not wearing a helmet at the time of the crash.

How Much Compensation Can I Get for a Serious Motorcycle Accident?

The amount of compensation that an injured motorcyclist can receive in a personal injury claim depends on the specific facts of the case. Usually, the greater the severity of the injury, the greater the damages the motorcyclist can receive. Compensation may be available for medical bills, lost income caused by missed work, lost earning capacity, pain and suffering, and motorcycle repair or replacement.  

Contact an Elmhurst Motorcycle Crash Lawyer

If you or a loved one were in a serious motorcycle crash, contact Schwartz Injury Law for help. Our Orland Park personal injury attorneys are highly skilled and experienced in motorcycle accident cases. We can help you fight for the compensation you need and deserve. Call 708-888-2160 for a free consultation.

Sources:

https://www.nhtsa.gov/road-safety/motorcycles

https://web.archive.org/web/20140823225106/http://isddc.dot.gov/OLPFiles/NHTSA/013695.pdf